1. (1) (a) Documentary Stamp Tax, Rate and Computation. The tax imposed under Section 201.02, F.S., on deeds, instruments, documents, or writings whereby any lands, tenements, or other realty or any interest therein is transferred or conveyed is 70 cents on each $100 or fractional part thereof of the consideration paid, or to be paid. When the full amount of the consideration is not shown in the face of such deed, instrument, document, or writing, the tax is at the rate of 70 cents on each $100 or fractional part thereof of the consideration. The 70 cent rate does not apply to deeds, instruments, or writings relating to real property located in any county that has implemented the provisions of Section 201.031, F.S.
2. (b) The documentary stamp tax in Miami-Dade County, which has implemented the provisions of Section 201.031, F.S., is levied at the rate of 60 cents per $100 (or portion thereof) on documents that transfer interest in Florida real property.

3. (2) Definitions:

   1. (a) “Consideration” under Section 201.02, F.S., includes, but is not limited to, money paid or to be paid, the amount of any indebtedness discharged by a transfer of any interest in real property, mortgage indebtedness and other encumbrances which the real property interest being transferred is subject to, notwithstanding the transferee may be liable for such indebtedness. Where property other than money is exchanged for interests in real property, there is the presumption that the consideration is equal to the fair market value of the real property interest being transferred.
   2. (b) “Property other than money” includes, but is not limited to, property that is corporeal or incorporeal, tangible or intangible, visible or invisible, real or personal; everything that has an exchangeable value or which goes to make up wealth or estate.
4. (3) Discretionary Surtax, Rate and Computation. The documentary stamp surtax in Miami-Dade County, which has implemented the provisions of Section 201.031, F.S., is levied at the rate of 45 cents for each $100 (or portion thereof) of the consideration paid or to be paid. However, a document conveying only a single family residence, which includes a condominium unit, or a cooperative apartment unit representing a proprietary interest in a corporation owning a fee or leasehold interest initially in excess of 98 years, or a detached dwelling is not taxable. Where a document conveys more than one single-family residence, the surtax is due.
5. (4) Interest. Even though the parties to the transaction term the total of annual payments as the “total consideration” for the conveyance or transfer, it is only the total of the principal amounts that is taxable consideration, and the amounts set forth as interest are not taxable consideration.
6. (5) Minimum Tax. The minimum tax is required on all conveyances where a nominal consideration, such as “ten dollars and other valuable considerations,” is cited in the document.

Rulemaking Authority 201.11(1), 213.06(1) FS. Law Implemented 201.01, 201.02, 201.031 FS. History–New 8-18-73, Formerly 12A-4.12, Amended 2-21-77, 8-8-78, 11-29-79, 12-30-82, Formerly 12B-4.12, Amended 12-5-89, 2-13-91, 2-16-93, 12-30-97, 1-25-26.